Ex parte Makinney

Lukes sued J. Bernheim and others in the superior court for the county of Santa Cruz, and on his demand a jury was called and impaneled. The trial of the cause proceeded for five days before the court and jury, and the jury, failing to render a verdict, was on the 19th of *284 October, 1883, discharged. The court entered an order that the plaintiff pay the jury fees, amounting to one hundred and twenty dollars, in said action, and that all proceedings be stayed in the action until the fees are paid by plaintiff. The court further directed, in this order, that if the fees above mentioned were not paid by plaintiff that the clerk issue a certificate to all of the jurors of the time and mileage to which each juror is entitled to pay, and the same be paid out of the county treasury, as is provided in section 28 of 11 An act to regulate fees of office,” etc., approved March 5, 1870 (Stats. 1869-70, pp. 148, 177). It further appears that the clerk, petitioner here, refused to obey this order, whereupon the court adjudged him guilty of contempt and ordered that he be imprisoned until he comply with it.

The petitioner, Makinney, applies to me to be discharged from this imprisonment. I…